Got laid off today.....:(!!!!!!

R

Rahul_need_help

Registered Users (C)
Hi Friends,

I got laid off today from my desi employer:( ..I was anticipating this but not so soon... My employer has promised to continue my GC process. I need some advise from people in the forum especailly those who have enough experience in this...

Here are my details:-

My 485 was filed in 31, Dec 2001 and i have my 2nd EAD which I have not used till now. Even after getting my EAD i have been working here on H1 since I wanted to maintain my H1 status being single. Last year I left to India in Oct 02 and while I was there my H1 had expired. My company had promised to send me H1 extension papers while I was in India but they never came. Eventually I had to use my AP to enter US. After 3 weeks of my entering US I got my approved H1 in the mail.. Since I was working with same company who sponsored my GC I assumed even after using AP I was still maintaing my H1 status.

Now after getting laid off I have an offer with another company in the East coast. They are willing to transfer my H1 or take me on EAD...They have left the option to ne..My questions are:

1. Can I transfer my H1 which I recd after entering US on AP. Are there any risks. The reason I want to do that so that later in the year I can go to India, get married and bring spouse on h4.

2. If transfering H1 is risky can I work on EAD and later ask them to do premium processing...(have to pay for it) and later get stamped in India. Does this work ?

3. If I work on EAD what are the risks involved and what things I need to be careful about.?

4. If I work on EAD card or H1 do I need to inform INS about the new employer. I have heard some people sending letter staing ACT 21 portability.

5. My 1st FP was done in San jose in Aug 2003. I am expecting my 2nd FP. Lets say I am in the East coast. Can I give it from there at local INS office or do I have to come here again.

I am concerned about all these issues and would really appreciate if u can help on any of them...

Thanks for all your help.....

rahul

wac: 02-077
CSC
RD: Dec 31, 2001
1st FP: Aug 02
 
got laid off today from my desi employer ..I was anticipating this but not so soon... My employer has promised to continue my GC process. I need some advise from people in the forum especially those who have enough experience in this...

Here are my details:-

My 485 was filed in 31, Dec 2001 and i have my 2nd EAD which I have not used till now. Even after getting my EAD I have been working here on H1 since I wanted to maintain my H1 status being single. Last year I left to India in Oct 02 and while I was there my H1 had expired. My company had promised to send me H1 extension papers while I was in India but they never came. Eventually I had to use my AP to enter US. After 3 weeks of my entering US I got my approved H1 in the mail.. Since I was working with same company who sponsored my GC I assumed even after using AP I was still maintain my H1 status.

Now after getting laid off I have an offer with another company in the East coast. They are willing to transfer my H1 or take me on EAD...They have left the option to ne..My questions are:

1. Can I transfer my H1 which I recd after entering US on AP. Are there any risks. The reason I want to do that so that later in the year I can go to India, get married and bring spouse on h4.
--- If the date of approval of this H1 is after your entry to US and have valid I-94 you may join by H1 transfer. You need to discuss with good lawyer
Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
2. If transferring H1 is risky can I work on EAD and later ask them to do premium processing...(have to pay for it) and later get stamped in India. Does this work?
-- if problem in H1 transfer then get NEW H1 approval, exit US get H1 visa stamp and enter on H1 status
3. If I work on EAD what are the risks involved and what things I need to be careful about.?
-- You have to use AP to re-enter but if you do the above then get H1 stamp and enter
4. If I work on EAD card or H1 do I need to inform INS about the new employer? I have heard some people sending letter staing ACT 21 portability.
--- if your I-140 was approved and I-485 pending more than 180 days and I-140 was not revoked for 180 days after I-485 filing you can use AC21, It is used for future employment that you want to get GC based on new employer job offer and has nothing to do with H1, if you want to bring your spouse on H4 you have to be on H1
5. My 1st FP was done in San Jose in Aug 2003. I am expecting my 2nd FP. Lets say I am in the East coast. Can I give it from there at local INS office or do I have to come here again.
--- If you have moved then you should immediately send form AR11 and also inform the BCIS center where your I-485 is pending about the address change write in cover letter your past address, new address complete name DOB, A# and attach I-485 receipt copy and out side of envelope write in bold” Attention: Address Change” send it with return receipt and also inform NCSC by phone provide the complete info about your case
 
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